In the final minutes before the 2006-07 legislative session ended early this morning, state lawmakers gave final approval to a controversial bill that for the first time gives families the right to sue for emotional harm caused by the "wrongful death" of a loved one.

The legislation pitted trial lawyers and victims' advocates who have championed the bill since 2001 against business owners and government leaders who warned the measure would drive up liability insurance premiums and property taxes.

Sen. Nicholas Scutari (D-Union), the Senate sponsor, said that if expenses rise, "That is the cost of responsibility. ... Just because it will cost money doesn't make it wrong."

State law permits survivors to recover economic damages based on the victim's income and financial worth, as well as for hospital and funeral expenses. By this measure, the lives of children and retired senior citizens aren't worth much. The bill (S176) would correct this inequity, its proponents say.

But the legislative victory was very slow in coming, as both houses left the matter to the tail end of their very long agendas. The Assembly passed the bill at 1:05 a.m. by a 41-32 vote with one abstention. The measure narrowly passed the Senate 21-18 late last night, following a contentious floor debate.